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3. The applicant has submitted in the O. A. that in the year 1985, due to a criminal case, he was in police custody for more than 48 hours and as such, the applicant was kept under suspension. The said suspension order was challenged before the High Court of Andhra Pradesh, which case subsequently stood transferred to C.A.T., and it was disposed of vide order dated 28.11.1986, restoring the applicant back to duty.

4. The applicant has reiterated in the O.A. that right from 1986 onwards, he has been posted in ex-cadre posts continuously. The applicant was promoted to Junior Administrative Grade in July, 1988, and to the Selection Grade from 1.1.1993. It is also the submission of the applicant that he was continuously posted in ex-cadre posts for a long time and kept under compulsory wait before each posting and often the applicant was posted to such posts which has a limited currency.

10. Since the respondents, in spite of repeated requests from the applicant, did not consider him for a suitable posting, the applicant filed O.A. No.794 of 2001 before this Tribunal, seeking for a direction to set aside the show cause notice dated 28.2.2000 and also to issue him posting orders in the cadre post of IAS, in the regular line, as he was under compulsory wait for a long period. This Tribunal vide order dated 10.7.2001, disposed of the O.A. with the following order :

The application made by the applicant dated 15.5.2001, which is receiving attention of respondent No. 1, is directed to be disposed of within a period of 45 days from the date of receipt of a copy of this order.
In the circumstances, we find no wilful disobedience or default on the part of the respondents. A copy of the memo dated 12.6.2002 which has been produced by Mr. V.V. Anil Kumar, Special Counsel for State of A.P. is taken on record. A copy of the said memo be served on the applicant as well. C.P. is closed accordingly."

12. The applicant submits that Para 8 of the memo No. 201/Spl.A/2000-5 dated 12.6.2002, reads as follows :

The representations of Shri A.P. Rao, IAS, dated 18.5.2001 and 1.8.2001 have been examined by the Government, keeping in view the above directions of CAT, Hyderabad Bench. The State Government considered that the conviction and show cause notice are not the reasons for not giving posting to Shri. A.P. Rao, IAS. Since the member of service is being paid the salary every month for the waiting period w.e.f. 1.2.2000 onwards i.e. the date from which he is on compulsory wait for posting, he is not put to any financial loss. It is the prerogative of the Government to give a posting or not to give him a posting, depending on the circumstances of the case and the administrative reasons. In Government Memo No. 201/Spl. A/ 2000-3 dated 24.9.2001, Shri A.P. Rao was informed that his request for giving him a suitable posting in a regular line will be considered at the appropriate time, in compliance with this Tribunal's directions dated 10.7.2001 and 23.7.2001 in O.A. No. 794/2001."

15. The applicant thus submits that the action of the respondents in not giving him posting and paying him his salary without allotting work is contrary to the judgment of the Hon'ble Supreme Court. He states that the respondents have not informed him under what provision of law, he is being denied posting. There is no provision under All India Services (AIS) Act and the Rules to keep an officer without posting and waste public funds by paying salary without providing any duty to him.

16. It is the case of the applicant that for the reasons best known to the respondents, the State Govt. is denying posting orders to the applicant as a matter of punishment, without following the principles of natural justice, equity and fair play, which is contrary to the All India Services (Discipline & Appeal) Rules, 1969. The State Government has no power to wither, add or alter the All India Service Rules and only the Govt. of India is empowered to add or amend the service conditions of All India Service Officers. The applicant has submitted that there is no provision for compulsory wait either under AIS Act or IAS (Pay) Rules, 1951. Para 3 of the circular memo dated 1.1.1997 of the Govt. of Andhra Pradesh itself states that during the periods of waiting for posting orders as "compulsory wait", there is huge burden on State funds, besides the employees are paid full salary without any work during that period. Para 5 of the said circular contemplates re-posting of officers promptly. The applicant has, therefore, submitted that in spite of the said instructions issued by the Government of Andhra Pradesh, the Government of Andhra Pradesh itself is violating the instructions, thereby causing loss to the State exchequer by giving full salary to them without giving them any work.